Have you ever witnessed a debate where it is rather obvious that one of the participants tries to answer a question without any knowledge on the subject matter?

This is the reason why I started to write these articles. I wanted to help educate the public in regards to traffic issues and the impact traffic can have on the quality of life within a community.

My belief is an informed individual gains an understanding, and sometimes appreciates the job that law enforcement does regarding traffic within their jurisdiction of responsibility.

Many of you have questioned the legality of DUI/driver’s license checkpoints. You may have also questioned law enforcement’s impounding of a vehicle after determining the driver does not possess a valid driver’s license.

Checkpoints have been upheld by the U.S. Supreme Court. Many have questioned the legality of screening every vehicle that passes through a checkpoint as opposed to doing a random check of every three to four vehicles.

The court has also said this is legal as well.

The issue is not the number of vehicles that are screened, but instead the length of time a motorist is delayed. Many of the most recognized DUI defense attorneys will substantiate this fact.

The courts have also ruled that law enforcement has the right to verify a license of a driver screened at a checkpoint.

Law enforcement impounds vehicles to help reduce an unlicensed driver’s opportunity to negatively impact the quality of life of a community. If you don’t believe me, take a look at some facts posted in the California Vehicle Code under section 14607.4.

“The Legislature finds and declares all of the following:

(a) Driving a motor vehicle on the public streets and highways is a privilege, not a right.

(b) Of all drivers involved in fatal accidents, more than 20 percent are not licensed to drive. A driver with a suspended license is four times as likely to be involved in a fatal accident as a properly licensed driver.

(c) At any given time, it is estimated by the Department of Motor Vehicles that of some 20 million driver’s licenses issued to Californians, 720,000 are suspended or revoked. Furthermore, 1,000,000 persons are estimated to be driving without ever having been licensed at all.

(d) Over 4,000 persons are killed in traffic accidents in California annually, and another 330,000 persons suffer injuries.

(e) Californians who comply with the law are frequently victims of traffic accidents caused by unlicensed drivers. These innocent victims suffer considerable pain and property loss at the hands of people who flaunt the law. The Department of Motor Vehicles estimates that 75 percent of all drivers whose driving privilege has been withdrawn continue to drive regardless of the law.

(f) It is necessary and appropriate to take additional steps to prevent unlicensed drivers from driving, including the civil forfeiture of vehicles used by unlicensed drivers. The state has a critical interest in enforcing its traffic laws and in keeping unlicensed drivers from illegally driving. Seizing the vehicles used by unlicensed drivers serves a significant governmental and public interest, namely the protection of the health, safety, and welfare of Californians from the harm of unlicensed drivers, who are involved in a disproportionate number of traffic incidents, and the avoidance of the associated destruction and damage to lives and property.

(g) The Safe Streets Act of 1994 is consistent with the due process requirements of the United States Constitution and the holding of the Supreme Court of the United States in Calero-Toledo v. Pearson Yacht Leasing Co., 40 L. Ed. 2d 452.”

The above facts do not include that almost all unlicensed drivers have no insurance. A driver’s lack of insurance will not directly impact you unless you are involved in a traffic collision with such an individual.

However, it does affect the cost of insurance to you. Even if you have insurance coverage that protects you against the uninsured, you must still pay your deductible if you are involved in a traffic collision.

Also the above facts do not indicate that most hit-and-run traffic collisions are committed by individuals who are either unlicensed and/or uninsured.

Many argue that the police should be out trying to catch “real criminals.” Law enforcement is obligated to hold those involved in crimes accountable, including those that commit a traffic related crime.

Law enforcement should also try to prevent crimes from occurring whenever possible too. Law enforcement is doing just that whenever a checkpoint is conducted and/or a vehicle is impounded because the driver is unlicensed.

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